Know the Top Reasons to Challenge a Will

by Will Challenge Lawyers Will and Estate Lawyers Sydney

Challenging a will is quite a difficult task. Wills are seen as the voice of the testator and since the person is no longer alive, the courts stick quite stringently to the will. Anyone who is interested in gaining from the will can challenge it.

Generally, it is the close family members--spouse, children, or grandchildren—who contest the will. They typically need to take the help of will dispute lawyers Sydney for this.

If you challenge a will and are successful, it can be voided in either just in part or its entirety. If the entire will is voided, the court will distribute the assets as if no will had ever existed. This article will throw light on some of the grounds on which one can challenge a will.

Testamentary capacity

The law requires that only adults over 18 years of age have the capacity to create a will. So minors in this case have no right to form a will. However, in some jurisdictions, minors who serve in the military or minors who are married can create a will.

Adults are presumed to have testamentary capacity and if litigation arises that challenges an adult’s testamentary, then it is usually in cases where adults lack the mental capacity to form a will.

Forgery, fraud and undue influence

You can challenge a will by showing that the will was procured by forgery, fraud, or undue influence. This usually involves someone manipulating a vulnerable person into leaving much or all property to the manipulator. The term “undue influence’ typically means that the person was deprived of free will while creating the will due to the manipulator. You must take the help of an expert Will Challenge Sydney lawyer in such cases.

Another will trumps the one being executed

If the executor is trying to carry out the provisions of an outdated will, the newer will can surpass the older will. Typically, there are some requirements to destroy the older will. It is best to always destroy the outdated will when one decides to change or update his or her will. Many people even state in the new will that the older will is voided.

Sufficient and appropriate witnesses

A typed hard copy of the will must be signed and dated by the testator in the presence of at least two adult witnesses. Vermont on the other hand requires three witnesses. Most states require that the witnesses should not be the people who are named as heirs in the will. You can take suggestions from Will Dispute Lawyers Sydney in this regard as they have a vast knowledge of this area of law.

Should I challenge a will?

A will can be very beneficial to a descendant’s loved ones and other family members, but there are times when a will should be given a second thought, possibly amended or even scrapped. If you believe some of them will’s provisions should not be enforced, then you should consider taking the help of a will dispute lawyer.